Executive Session of Chapter 551 of the Texas Government Code:

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1 ~ NOTICE OF MEETING ~ CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS MEETING 2910 East Fifth Street Austin, TX ~ AGENDA ~ Executive Assistant/Board Liaison Gina Estrada Friday, September 24, :00 AM Capital Metro Board Room I. Pledge of Allegiance II. III. IV. Public Comment: 1. Mitchell Rappaptaport regarding MetroAccess Program. 2. Malcolm Graham regarding Budget priorities and concerns about a new policy to deny rides to dialysis patients on certain days. 3. Robert Frank regarding the budget and cutbacks for MetroAccess. 4. ATU Local 1091 regarding Labor Relations Issues. 5. Sandy Baldridge regarding the Oak Hill Town Center and CMTA & ACC continuing to work together. Advisory Committee Updates: 1. Update on the Customer Satisfaction Committee (CSAC). 2. Update on the Access Advisory Committee (AAC). Executive Session of Chapter 551 of the Texas Government Code: Chapter Legal Advice - Regarding Legal Services Contracts. Chapter Legal Advice - Regarding Capital Aggregates Agreement. V. Board Committee Updates: 1. Finance/Audit Committee 2. Rail Committee 3. Operations/Planning Committee 4. Labor Relations Committee VI. Action Items: 1. Resolution (ID # 1657) Board Minutes Approval of Board Meeting Minutes for August 23, 2010 Board Meeting and Public Hearing for August 11, Resolution (ID # 1671) Legal Services on CD Henderson Litigation Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Ewbank & Byrom, LLP in an Amount Not to Exceed $410, Resolution (ID # 1672) Legal Services for Employment/Labor Matters Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Winstead PC in an Amount Not to Exceed $100, Resolution (ID # 1651) Support Contract for Oracle Financials Board of Directors Page 1 Printed 9/21/2010

2 Regular Meeting Agenda September 24, 2010 Approval of Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Oracle America for the Continued Support of the Various Oracle Products Used in an Amount Not to Exceed $665, Resolution (ID # 1669) Increase Civil Engineering Contract Approval of a Resolution to Increase Civil Engineering Contract with URS for MetroRapid Design. 6. Resolution (ID # 1642) ILA with City of Austin - Employee Transit Passes Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute an Interlocal Agreement with the City of Austin for Capital Metro Transit Passes in an Amount Not to Exceed $150, Resolution (ID # 1643) UT Shuttle/BRT Operations and Maintenance Contract Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with First Transit, Inc. for UT Shuttle and BRT Operations and Maintenance in an Amount Not to Exceed $57,886, Resolution (ID # 1553) Basic Transportation Needs Fund Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Create a Basic Transportation Needs Fund with the Purpose to Ensure Low-Income, Transit- Dependent Populations Have Access to Affordable Transit Services. 9. Resolution (ID # 1664) January 2011 Service Change Approval of Proposed January 2011 Service Changes. 10. Resolution (ID # 1667) MetroAccess Policy Changes Approval of a Resolution Adopting the MetroAccess Policy Changes and Authorizing the President/CEO, or Her Designee, to Implement the MetroAccess Policy Changes. 11. Resolution (ID # 1670) Railroad Bridge Replacement Plan Approval of a Resolution to Adopt a Railroad Bridge Replacement Plan. 12. Resolution (ID # 1666) Board of Directors Community Involvement Policy Approval of a Resolution Adopting a Board of Directors Community Involvement Policy. 13. Resolution (ID # 1665) Board of Directors Advisory Committee Policy Approval of a Resolution Adopting a Board of Directors Advisory Committee Policy. 14. Resolution (ID # 1676) Board Travel Policy Approval of a Resolution Adopting a Board Travel Policy. 15. Resolution (ID # 1675) Board Representation Approval of a Resolution Requiring Board Approval to Represent Capital Metro. 16. Resolution (ID # 1655) Board Attendance Stipend Approval of a Resolution Regarding a Board Attendance Stipend. 17. Resolution (ID # 1674) Chairman of the Operations/Planning Committee Appointment of Chair of the Operations/Planning Committee. 18. Resolution (ID # 1681) 2011 Budget for Capital Metro Approval of a Resolution Adopting the Annual Operating and Capital Budget for the Period October 1, 2010-September 30, Resolution (ID # 1682) 2011 Budget for StarTran Approval of a Resolution Approving the FY 2011 StarTran, Inc. Employee Support Services Budget. Board of Directors Page 2 Printed 9/21/2010

3 Regular Meeting Agenda September 24, Resolution (ID # 1683) Budget Reserve Policy Approval of Budget Reserve Policy. VII. Presentations: None VIII. Reports: 1. Planning/Development 2. Operations 3. Finance 4. President s Report Recognitions/Awards Recent and Upcoming Events IX. Adjournment ADA Compliance Reasonable modifications and equal access to communications are provided upon request. Please call or gina.estrada@capmetro.org if you need more information. BOARD OF DIRECTORS: Mayor Pro Tem Mike Martinez, Chairperson; John Langmore, Vice Chair; Beverly S. Silas, Board Secretary; Council Member Chris Riley; Mayor John Cowman; Frank Fernandez; Ann M. Stafford and Norm Chafetz. Board Liaison: Gina Estrada , gina.estrada@capmetro.org if you need more information. The Board of Directors may go into Closed Session under the Texas Open Meetings Act. In accordance with Texas Government Code, Section , Consultation with Attorney, for any legal issues, under Section for Real Property issues, under Section for Personnel matters, or under Section , for deliberation regarding the deployment or implementation of Security Personnel or devices, arising regarding any item listed on this Agenda. Board of Directors Page 3 Printed 9/21/2010

4 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1657) Board Minutes 6.1 SUBJECT: Approval of Board Meeting Minutes for August 23, 2010 Board Meeting and Public Hearing for August 11, FISCAL IMPACT: No fiscal impact. ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply DBE PARTICIPATION: Does not apply. RESPONSIBLE DEPARTMENT: Board of Directors LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 4

5 6.1 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1657) Board Minutes. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 5

6 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1671) Legal Services on CD Henderson Litigation 6.2 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Ewbank & Byrom, LLP in an Amount Not to Exceed $410,510. FISCAL IMPACT: Funding is available in the FY2011 operating budget EXECUTIVE SUMMARY: On July 19, 2005, Henderson filed an Original Petition against CMTA for Breach of Contract and Violation of Chapter 2251 of the Texas Government Code in the Travis County District Court ( State Case ). On August 12, 2005, CMTA filed its Original Answer and Counterclaim against Henderson for Breach of Contract, Breach of Express Warranty and Breach of Implied Warranty. The Board has recently been updated on the status of this on-going litigation, including an estimate of anticipated work and expenditures for the next fiscal year. Ewbank & Byrom will continue to defend and support CMTA in this litigation matter. ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply DBE PARTICIPATION: Any DBE participation will be captured as race neutral. PROCUREMENT: On 12/14/09 a Statement of Qualifications (SOQ) for Legal Services was issued and formally advertised in the Austin American Statesman, the Law Firm of Ewbank & Byrom submitted a Proposal in response to this SOQ. This award is being issued in accordance with the Professional Services Act as defined by Texas Government Code, Section ; The Firm of Ewbank & Byrom was selected as the most qualified Firm as required by the Act. Base Term, One year from: October 1, 2010 to September 30, 2011 Funding requested: $410,510 RESPONSIBLE DEPARTMENT: Legal LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 6

7 6.2 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1671) Legal Services on CD Henderson Litigation WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors desires to ensure that Capital Metro is adequately represented by Outside Legal Counsel in litigation matters; and WHEREAS, a matter involving a contractual dispute with C.D. Henderson, Inc. has extended into full litigation; and WHEREAS, the law firm of Ewbank & Byrom has been engaged to represent Capital Metro s interests in this matter. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to finalize and execute a contract with Ewbank & Byrom, LLP in support of the C.D. Henderson litigation in an amount not to exceed $410,510. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 7

8 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1672) Legal Services for Employment/Labor Matters 6.3 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Winstead PC in an Amount Not to Exceed $100,000. FISCAL IMPACT: Funding is available in the FY2011 operating budget EXECUTIVE SUMMARY: The Winstead PC Law Firm will provide legal services to StarTran on matters that will include legal advice and representation on various employment /labor issues and arbitration matters. ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply DBE PARTICIPATION: Any DBE participation will be captured as race neutral. PROCUREMENT: On 12/14/09 a Statement of Qualifications (SOQ) for Legal Services was issued and formally advertised in the Austin American Statesman. The Winstead PC Law Firm submitted a Proposal in response to this SOQ and it was deemed the highest qualified. This award is being issued in accordance with the Professional Services Act as defined by Texas Government Code, Section ; The contract is a firm fixed price type contract. The period of performance is from: October 1, 2010 to September 30, Funding requested: $100, RESPONSIBLE DEPARTMENT: Legal LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 8

9 6.3 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1672) Legal Services for Employment/Labor Matters WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors desires to ensure that Capital Metro/StarTran Inc., are adequately represented by Outside Legal Counsel in legal matters such as employment, labor and arbitration. WHEREAS, the law firm of Winstead PC has been identified as best qualified to represent Capital Metro/StarTran s interests in these legal matters. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to finalize and execute a contract with Winstead PC for legal services in an amount not to exceed $100, Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 9

10 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1651) Support Contract for Oracle Financials 6.4 SUBJECT: Approval of Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with Oracle America for the Continued Support of the Various Oracle Products Used in an Amount Not to Exceed $665,532. FISCAL IMPACT: Funding is available in the FY2011 operating budget EXECUTIVE SUMMARY: Support Contract for Oracle Financials, Oracle Databases and Other Oracle Tools. Capital Metro Has Multiple Systems Existing on Numerous Servers that Are Powered by Oracle Databases. Capital Metro Also Uses Oracle Financials as Our Agency's Financial and Purchasing Tool. This Contract Will Allow Us to Utilize the Software Vendor's expertise to Continue Our Maintenance and Support for These Critical Systems. By Contracting for Multiple Years, We Can Firm Up Our Maintenance and Support Costs for These Critical Services by Allocating Money for the Next Three (3) Years as Follows: FY2011 $215, FY2012 $221, FY2013 $228, ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth DBE PARTICIPATION: Due to the nature of the solicitation a DBE goal was not established on this project. PROCUREMENT: Texas Government Code, Section (b) states a political subdivision that purchases an item or service using a contract under this section satisfies any other law requiring the political subdivision to seek competitive bids for that item or service. Pricing was solicited from all vendors awarded contracts for Oracle Maintenance and Support products: DLT Solutions Mythics RFD Solbourne Oracle America Award recommendation is to Oracle America as the lowest responsive, responsible Page 1 Packet Pg. 10

11 6.4 offer. RESPONSIBLE DEPARTMENT: Information Technology LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 11

12 6.4 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1651) Support Contract for Oracle Financials WHEREAS, The Capital Metro Board of Directors recognizes the need to obtain and pay for annual support maintenance. NOW,THEREFORE,BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President /CEO, or Her Designee, is authorized to issue purchase orders for purchase of maintenance support for all Oracle database applications through October 2013 against Texas Department of Information Resources (DIR) contracts in an amount not to exceed $665,532. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 12

13 6.4.a PROCUREMENT SUMMARY for: Intergovernmental Purchase Agreement (IGPA) Year Oracle Maintenance Renewal DATE: September 8, 2010 CA: CONTRACT: SOLICITATION PROCESS: BIDS RECEIVED: Shawn Brown, 3 Year Oracle Maintenance Renewal This procurement was determined to be suitable for an IGPA because: A complete, adequate, and realistic specification was available, The procurement lent itself to a firm fixed price contract, The selection of the successful bidder could be made principally on the basis of price, and; It was fiscally responsible not to expend Capital Metro s resources on a formal competitive IFB when the process had previously been completed by the Department of Information Resources (DIR) from which we are allowed to purchase Information Technology goods and services. Texas Government Code, Section (b) states that a political subdivision that purchases an item or service using a contract under this section satisfies any other law requiring the political subdivision to seek competitive bids for that item or service. Pricing was solicited from all vendors awarded contracts for Oracle Maintenance and Support products: DLT Solutions Mythics RFD Solbourne Oracle America Three bids were received from the following firms: RFD 12 months $228, months $463, months $705, Mythics 12 months $220, months $445, months $677, Attachment: Year Oracle Maintenance Renewal (1651 : Support Contract for Oracle Financials) Oracle America 12 months $215, months $437, months $665, Packet Pg. 13

14 6.4.a BID EVALUATION: Apparent Low Bidders: DBE Goal: Oracle America DBE goals are not calculate for ICT procurements as any goal has already been determined and negotiated by DIR. Prices Fair & Reasonable: Determination of Responsiveness: Determination of Responsibility: The price is considered fair and reasonable based on adequate price competition. Determined by DIR. Determined by DIR. Contract Award/Contract Type: The resulting Contract will be firm fixed price contract in the amount of $215, Board approval is required. The Contract was submitted to the Capital Metro Board of Directors on September 27, 2010 for approval. Attachment: Year Oracle Maintenance Renewal (1651 : Support Contract for Oracle Financials) Page 2 of 2 Packet Pg. 14

15 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1669) Increase Civil Engineering Contract 6.5 SUBJECT: Approval of a Resolution to Increase Civil Engineering Contract with URS for MetroRapid Design. FISCAL IMPACT: Funding is available in the FY 2011 budget. EXECUTIVE SUMMARY: URS is the prime design engineer for the MetroRapid project, with the current contracted scope taking the design to 60% status for Route 1 of 2 routes. They are operating under a Task Order contract, one of five, with the estimated total amount of all five task order contracts for the five-year period not to exceed $1,400,000. Staff analysis, with agreement by FTA, is that it would be less expensive and more efficient to continue with URS for the remaining MetroRapid design work (i.e. completion of Route 1 and all of Route2). We anticipate the remaining design work for both Routes 1 & 2 to cost $1,100,000, which includes a 13.5% contingency. ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth DBE PARTICIPATION: This percentage will apply to this and subsequent modifications. The DBE goal is 16%. PROCUREMENT: On April 28, 2008, The Capital Metro Board of Directors approved contracts with Lopez Garcia (now URS), Associated Consulting Engineers (ACE), Klotz Associates, Inc., MWM Design Group, and HDR Engineering (Resolution #CMTA ) for a period of five years in the amount of $1,400,000 to provide Civil Engineering Services under a task order, rotational basis. URS was awarded task orders for Bus Rapid Transit (BRT) design services. Additional funding is required to complete the BRT design services. The remaining allowable term of the contract through April 28, 2013 will not change. RESPONSIBLE DEPARTMENT: Engineering and Construction LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 15

16 6.5 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1669) Increase Civil Engineering Contract WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro Management recognize the need to continue the engineering design for the MetroRapid BRT project. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to increase the Civil Engineering Contract with URS in an amount not to exceed $1,100,000. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 16

17 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1642) ILA with City of Austin - Employee Transit Passes 6.6 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute an Interlocal Agreement with the City of Austin for Capital Metro Transit Passes in an Amount Not to Exceed $150,000. FISCAL IMPACT: Revenue generated. EXECUTIVE SUMMARY: As a part of Capital Metro s continued effort to develop partnerships to reduce traffic congestion and increase ridership, this Interlocal agreement allows city employees with an issued Transit Pass to access approved Capital Metro services. Capital Metro and the City of Austin have been long time partners. City employees have been riding Capital Metro services as part of an Interlocal Agreement since The 2010 agreement is modeled after the Austin Community College agreement which will charge the City on a "per ride" basis. This new method takes into account ridership data collected over the last few years as well as a fare analysis on projected fare adjustments and will allow the city of Austin to issue transit passes to City employees. In addition, the City will also purchase additional passes, at full fare, for employees utilizing MetroAccess and RideShare services. ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence DBE PARTICIPATION: Does not apply. PROCUREMENT: Chapter 791 of the State of Texas Government Code encourages governmental entities to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another. In doing so, local governments are permitted to forego the requirements of full and open competition and contract directly with one another. We recommend entering into an Interlocal Agreement amendment between Capital Metro and the City of Austin. RESPONSIBLE DEPARTMENT: DBE Department LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 17

18 6.6 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1642) ILA with City of Austin - Employee Transit Passes WHEREAS, the Board of Directors and Capital Metro management desire to continue working cooperatively with the City of Austin to Implement programs that support the City of Austin Climate Protection Program; and WHEREAS, the Board of Directions and Capital Metro management desire to pursue opportunities to reduce traffic congestion and increase ridership. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to finalize and execute an Interlocal Agreement with the City of Austin for Capital Metro Transit Passes in an amount not to exceed $150,000. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 18

19 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1643) UT Shuttle/BRT Operations and Maintenance Contract 6.7 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Finalize and Execute a Contract with First Transit, Inc. for UT Shuttle and BRT Operations and Maintenance in an Amount Not to Exceed $57,886,010. FISCAL IMPACT: Funding is available in the FY 2011 budget. EXECUTIVE SUMMARY: Capital Metro has provided fixed route services for the University of Texas since August For the duration of this partnership, the operation and maintenance of the UT Shuttle system has been provided by a contracted service provider. This provider also operates some standard fixed route service, including the MetroRail connector service. The term for this contract is a three year base period with two one-year options. Additionally, a separately priced option to operate the MetroRapid service is included in this contract. Costs for the full five year period, inclusive of all options is included in the not to exceed amount. The contractor is required to maintain all required licenses and permits to operate within the Capital Metro service area. The contractor is also required to furnish all supervision, vehicle and facility maintenance, material, supplies, storage, insurance and incidentals as required providing an operationally dependable public transportation service. Capital Metro will provide the fleet, facility and fuel for the operation of this service. First Transit is the existing contractor for this service. First Transit will retain their experienced local team for the new contract. First Transit has proposed additional staff for the MetroRapid service, should that option be exercised. The price submitted in the proposal is $46.60 per scheduled vehicle hour in the first year, with an average increase of 4% in subsequent years. The pricing is based upon an award for approximately 165,000 vehicle hours in each year of the contract. Factors are included to adjust the pricing should the hours of service increase or decrease by more than 15% of the original hours estimate. ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence DBE PARTICIPATION: The contractor will meet this goal utilizing the following DBE contractors. The goal is 5%. DBE SERVICE/PRODUCT % Jah Love Montemayor Hill and Assoc. Aguirre Paint & Body Detail Fleet Accounting Services, NTD Audit Vehicle body repair 5% 1% 1% Page 1 Packet Pg. 19

20 6.7 Total 7 % PROCUREMENT: On 04/26/10 a Request for Proposals was issued and formally advertised. By the closing date of 06/24/10 five proposals were received. Proposals were scored based on the following criteria in descending order of importance: Quality Control Plan, Management Structure and Personnel, Corporate Experience and Past Performance and Price. First Transit, Inc. was rated highest, all factors considered. The price was determined to be fair and reasonable based on adequate competition. The contract is a firm fixed price type contract. The period of performance is three base years and two twelve month options. Pricing for the UT Shuttle fixed route is as follows: Base Term - 3 Year $26,161,005 Option Year 1 $10,244,331 Option Year 2 $10,711,731 Total 5 Years: $47,117,067 RESPONSIBLE DEPARTMENT: Operations Pricing for BRT Operations is as follows: Base Term - Year 2 $0 Base Term - Year 3 $ 2,549,883 Option Year 1 $ 3,984,302 Option Year 2 $ 4,234,758 Total 4 Years: $10,768,943 Total contract pricing: $57,886,010 LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 20

21 6.7 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1643) UT Shuttle/BRT Operations and Maintenance Contract WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management recognize the need to provide UT Shuttle, fixed route and Bus Rapid Transit operations and maintenance services through a contract provider. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee is Authorized to Finalize and Execute a Contract with First Transit, Inc. for UT Shuttle and BRT Operations and Maintenance in an Amount Not to Exceed $57,886,010. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 21

22 6.7.a PROCUREMENT SUMMARY DATE: August 31, 2010 CA: CONTRACT: SOLICITATION PROCESS: CONTRACT TYPE: PROPOSALS RECEIVED: Request for Proposal # , UT Shuttle and Bus Rapid Transit (BRT) Operation Services Mary Quintero-Herrera Contractor First Transit, Inc. The services that will be provided under this contract include: UT Shuttle operation services Bus Rapid Transit Operation Services This procurement was determined to be suitable for the Request for Proposals (RFP) method because: A complete, adequate and realistic specification or purchase description allowing for competition primarily on the basis of price alone is not available; Discussions or negotiations are needed to address technical requirements as well as proposed cost or price aspects of the offeror s proposal, and; An opportunity may be needed to revise the proposal and submit a final proposal. RFP # was advertised in the Austin American-Statesman on April 26 and May 3, The RFP was posted on DemandStar on May 3, 2010 after review and approval from the Contracts Administrator, Procurement Manager, Procurement Director, Project Manager, Finance and Legal. Advance notices were sent to 22 firms. Twenty-one firms downloaded the solicitation from DemandStar. A pre-proposal conference followed by a site visit of the proposed facility was held on May 18, One Question and Answer document was issued on May 27, 2010 addressing 154 questions. Three Amendments were issued. The contract is a firm, fixed-price contract for the UT Shuttle operation portion of the contract, the BRT pricing will be subject to re-negotiation at the time of award due to the fact that the Procurement of the buses to be used on the BRT is not yet complete and therefore there are some unknown variables. Five proposals were received by the closing date, June 24th, prior to 1:00 p.m., CST. First Transit, McDonald Transit, MV Transportation, Tectrans and Veolia Transportation. EVALUATION MILESTONES: Initial Evaluations Completed: July 26, 2010 Attachment: Procurement Summary- - UT Shuttle & BRT (1643 : UT Shuttle/BRT Operations and Maintenance Contract) RFP # Page 1 of 3 UT Shuttle & BRT Ops. Packet Pg. 22

23 6.7.a ORAL INTERVIEWS: Evaluation Team Meeting: The evaluation team met July 26th to complete scoring, discuss the total scores of the proposals and to come to a consensus. The initial scoring consensus is attached. Two of the proposals, MV Transportation and Tectrans were removed from further consideration, having unacceptable and marginal ratings. Questions from the evaluation team were sent in advance to the three remaining contractors First Transit, McDonald Transit and Veolia Transportation prior to having oral discussions. Oral discussions were held with the three qualified contractors on August 4 th and 5 th. The invitation letter for the oral discussions included questions raised during the initial evaluation meeting. Contractors were instructed to be prepared to answer those questions during the oral interview. FINAL PROPOSAL FPRs from the three offerors were requested and due by August 18, REVISIONS: (FPR) Additional questions were included instructing the offerors to address them on their FPRs. DETERMINATION OF RESPONSIVENESS: DETERMINATION OF RESPONSIBILITY: Evaluation Team Meeting: The evaluation team picked up the FPRs on August 19 for review. The individual scores were due on August 31, 2010 a consensus was reached by the whole evaluation committee later that same day. The FPR scoring consensus is attached. The evaluation team selected a single firm for award, First Transit, Inc. based on evaluation of initial proposals, responses to questions, oral discussions and final proposal revision.. FPR Scoring Completed: August 31, First Transit Inc. proposal is determined responsive to the solicitation conditions. Offeror s proposal was submitted on the due date and prior to the official closing time. Offeror sent its submittal on the forms and in the format outlined in the solicitation First Transit, Inc. did not take exceptions to solicitation. First Transit Inc. is the incumbent on this contract. Everybody in the evaluation committee agreed that First Transit s performance under the current contract has been satisfactory. Past performance questionnaires were submitted for First Transit, Inc., all with exceptional and very good ratings. First Transit, Inc. is not listed on the State of Texas list of Debarred or Suspended Contractors, or the Federal Government s list of Debarred or Suspended Contractors. First Transit is an operating unit of First Group (based in the United Kingdom), who enjoys the financial backing of a group whose annual revenues exceed 10 billion dollars. First Transit, Inc. increased its financial ratio slightly from in 2008 to in 2009 notwithstanding, acceptable since it is still under 1.0. Debt to Asset Ratio (financial ratio measures a company's solvency < 1 acceptable) PRICE FAIR The Independent Cost Estimate for the base three-year period is $31,746, & REASONABLE Option Year 1 and 2 were estimated at $31,474, for a total of $63,221, This estimate is for both services UT Shuttle and BRT services. The pricing is considered reasonable because: Attachment: Procurement Summary- - UT Shuttle & BRT (1643 : UT Shuttle/BRT Operations and Maintenance Contract) RFP # Page 2 of 3 UT Shuttle & BRT Ops. Packet Pg. 23

24 6.7.a CONTRACT AWARD: Mary Quintero-Herrera Contracts Administrator Procurement Department Its prices were very competitive compared to Veolia Transportation and McDonald Transit which were the two other Firms within the competitive range. First Transit made its proposal more competitive after reducing its pricing on the FPR by $924, also First Transit s annual escalation in pricing is an average of 3% which is reasonable. The final pricing is roughly 9% below the Independent Cost Estimate. Award to First Transit, Inc. has been approved by the Project Manager and Evaluation Team. The contract includes a three-year base period and two, oneyear options on the Fixed Route portion and one-year base period plus two oneyear options on the BRT Operations portion. The contract will begin with the Notice to Proceed which will be given as of January 3, Pricing for the UT Shuttle fixed route is as follows: Base Term -3 Year Option Year 1 Option Year 2 Total 5 Years: Pricing for BRT Operations is as follows Base Term œ Year 2 Base Term œ Year 3 Option Year 1 Option Year 2 Total 4 Years: $26,161,005 $10,244,331 $10,711,731 $47,117,067 $0 $ 2,549,883 $ 3,984,302 $ 4,234,758 $10,768,943 Total contract pricing: $57,886,010 The pricing for the BRT Operations includes pricing for three years only. BRT services are expected to start on year two ( ) of the contract therefore, the first year ( ) only includes start-up costs but with First Transit being the incumbent there are no start-up costs included. Option year 1 and Option year 2 are detailed above. The two services in the contract are intended to end at the same time September 30, Attachment: Procurement Summary- - UT Shuttle & BRT (1643 : UT Shuttle/BRT Operations and Maintenance Contract) RFP # Page 3 of 3 UT Shuttle & BRT Ops. Packet Pg. 24

25 6.7.b Capital Metro Evaluation Matrix- RFP Final Proposals Evaluation UT SHUTTLE AND BRT OPERATION SERVICES OFFEROR Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Evaluator 5 Evaluator 6 First Transit A A A A A E McDonald Transit M M A A M A Veolia Transportation A A A A M A RATINGS: E = Excellent: Exceeds evaluation standard in a beneficial way to the Authority, and has a high probability A = Acceptable: Meets evaluation standards; has good probability of satisfying the requirements in the sc M = Marginal: Fails to meet evaluation standards; has low probability of satisfying the requirements in the U = Unacceptable: Fails to meet minimum requirements in the scope of services; deficiency requires a m Attachment: Evaluation Matrix for the Board (1643 : UT Shuttle/BRT Operations and Maintenance Contract) Packet Pg. 25

26 6.7.b S Team Consensus A M A y of satisfying the cope of services, any e scope of services; has major revision to the submittal Attachment: Evaluation Matrix for the Board (1643 : UT Shuttle/BRT Operations and Maintenance Contract) Packet Pg. 26

27 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1553) Basic Transportation Needs Fund 6.8 SUBJECT: Approval of a Resolution Authorizing the President/CEO, or Her Designee, to Create a Basic Transportation Needs Fund with the Purpose to Ensure Low-Income, Transit-Dependent Populations Have Access to Affordable Transit Services. FISCAL IMPACT: Funding is available in the FY 2011 budget. EXECUTIVE SUMMARY: Staff will work with an ad hoc advisory committee to establish a charitable fund at the Austin Community Foundation. The fund's initial purpose will be to leverage public and private funding to subsidize transit passes for low-income, transit dependent populations. ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering DBE PARTICIPATION: Does not apply. PROCUREMENT: Procurement will post a non-competitive procurement notification of Capital Metropolitan Transportation Authority's intent to enter into a Funding Agreement with Austin Community Foundation. Staff will return to the board for approval to enter into the Agreement after the committee's work is complete. RESPONSIBLE DEPARTMENT: Business Development LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 27

28 6.8 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1553) Basic Transportation Needs Fund WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management endeavors to ensure transit services are affordable to all citizens, including low-income, transit dependent populations; and WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management recognize the need to develop new and innovative solutions to meet our community's needs. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to create a Basic Transportation Needs fund with the purpose to ensure lowincome, transit-dependent populations have access to affordable transit services; and BE IT FURTHER RESOLVED that Board of Directors directs the President/CEO, or Her Designee, to convene an ad-hoc committee comprised of members of the Capital Metro Board of Directors, representatives of the philanthropic community and basic needs provider organizations, with a charge to define the purpose, goals and governance of the Basic Transportation Needs Fund, and to establish mechanisms to ensure that funds are used appropriately and for their intended purpose. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 28

29 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1664) January 2011 Service Change 6.9 SUBJECT: Approval of Proposed January 2011 Service Changes. FISCAL IMPACT: Funding is available in the FY2011 operating budget EXECUTIVE SUMMARY: These changes are in accordance with Capital Metro s Service Standards and are based on recommendations from ServicePlan2020, a 10 year plan to improve bus service. The following proposed changes will increase efficiency of the system by improving route directness and connectivity. If approved, these changes would take effect Sunday, January 16, Consolidate and realign several routes in North Austin Routes 1M, 142, 174, 240, 243 Reallocate Express service resources serving Lakeline and Leander Stations Routes 984, 986, 987 Consolidate routes in Lago Vista and Jonestown; extend service to Cedar Park Route 214 and Northwest Dial-a-Ride Realign and increase Express service to Manor; coordinate with CARTS to extend service to Elgin Route 990 Adjust MetroRail schedule Details forthcoming in separate memorandum The following public meetings have been scheduled in areas impacted by the proposed changes: Capital Metro Congress - Tuesday, September 7, :00-1:30pm Tech Ridge Park & Ride - Tuesday, September 7, :30-6:00pm Capital Metro Congress - Wednesday, September 8, :00-1:30pm ACC Northridge - Wednesday, September 8, :30-7:00pm Leander Station - Monday, September 13, :00-6:30pm Lakeline Station - Tuesday, September 14, :30-6:00pm A Public Hearing has also been scheduled: Capital Metro E. 5th St. - Monday, September 20, :00am 12:00pm These efforts are targeted at capturing feedback from potentially impacted customers. Based upon input received, staff will finalize recommendations and seek approval from the Board of Directors at the September regular Board meeting: Page 1 Packet Pg. 29

30 6.9 Capital Metro E. 5th St.- Friday, September 24, am-noon ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Strategic Planning LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 30

31 6.9 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1664) January 2011 Service Change WHEREAS, the Capital Metro Board of Directors wishes to encourage provision of cost-effective fixed-route transit services that respond to and build ridership demand while minimizing impacts on current riders; and WHEREAS, the Board has considered staff comments and recommendations based on comments received during several public meetings and also considered comments received from the Public Hearing; and WHEREAS, the Board wishes to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the service changes described in the attached document dated September 24, 2010 are hereby approved for implementation beginning January 16, Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 31

32 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1667) MetroAccess Policy Changes 6.10 SUBJECT: Approval of a Resolution Adopting the MetroAccess Policy Changes and Authorizing the President/CEO, or Her Designee, to Implement the MetroAccess Policy Changes. FISCAL IMPACT: No fiscal impact. EXECUTIVE SUMMARY: In May 2010, the Board of Directors approved a resolution that, in summary instructed staff and the Metro Mobility Working Group (MMWG) to advance their final policy recommendations on the four outstanding issues (eligibility, open returns, service level, and taxi vouchers). In order to advance policy recommendations that address the Sunset Commission findings and ensure the sustainability of the MetroAccess service, Capital Metro procured the professional dispute resolution services of the Texas Citizens Fund and Dr. Al Abeson. In parallel to this effort, Capital Metro conducted four community outreach meetings. In August 2010 the Board of Directors, received policy recommendations from staff. By resolution, staff was authorized to conduct public input meetings in September with final recommendations to be presented at the September meeting of the Board. Based on the results of the MMWG dispute resolution, the input received during the July outreach effort, and outreach conducted in September, staff advances the following policy recommendations: Service Standard (Level of Service) - Capital Metro will provide three service levels, curb-to-curb, door-to-door and door-through-door (non-residential only). Service Area - The MetroAccess paratransit service area shall be defined as the area within ¾ mile of regular, in-service fixed route bus service. Capital Metro will include a transition period of 90 days up to 12 months for customers that may no longer be eligible for service because they live outside of the ¾ mile corridor. Eligibility - Capital Metro will require the completion and submission of an application with professional verification, an in-person interview and orientation to be conducted by MetroAccess staff, and a functional assessment, if needed, to be conducted by a third party contractor. Eligibility will be granted for up to four years at a time. This policy will include an appeals board that is comprised of a member of ACCESS, a member appointed by the Board of Directors and the Capital Metro ADA Coordinator. Reservations (Call Center Hours)- Reservations for service may be made Monday through Friday, 7:00am - 5:00pm and 8:00am - 5:00pm Saturday and Sunday. Reservations through the call center may be made no more than three days in advance of a trip and no more than six days in advance of a trip if reservations are made on-line or through the IVR system. Non-ADA Paratransit Service (Open Returns) - Capital Metro will offer open return Page 1 Packet Pg. 32

33 6.10 service for medical trips, jury duty and travel return, provided the customer designates an estimated time for return. Taxi Voucher - Based on recent discussions with the Federal Transportation Administration, and the lack of lift-equipped vehicles available by the local taxi service providers, it is staff s recommendation that the Vouchers on Request program be discontinued. Upon completion of the upcoming outreach plan, staff will advance final policy recommendations for approval by the Board of Directors. Subsequent to the policy approval, staff will revise the ADA plan and develop an implementation plan to include: Prioritization Timelines Communication Measuring, monitoring and reporting Customer impact assessment ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Operations LEGAL COUNSEL SIGNATURE: Page 2 Packet Pg. 33

34 6.10 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1667) MetroAccess Policy Changes WHEREAS, the Board of Directors is committed to ensuring that persons with disabilities have access to public transportation; and WHEREAS, Capital Metro operates a comparable and complementary paratransit service to its fixed-route bus service; and WHEREAS, certain policy changes are necessary to ensure the efficient operation and long-term sustainability of the complementary paratransit service; and WHEREAS, it is important to ensure that the public has an adequate opportunity to comment and provide feedback on the proposed changes to the policy. NOW, THEREFORE, BE IT RESOLVED, that the Capital Metro Board of Directors hereby adopts the MetroAccess Policy Changes and authorizes the President/CEO, or Her Designee, to Implement the attached MetroAccess Policy Changes. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 34

35 6.10.a DRAFT Capital Metro Policy on MetroAccess Service Purpose The Board of Directors is committed to ensuring that persons with disabilities have access to public transportation. In accordance with 49 CFR and the Americans with Disabilities Act, the Capital Metropolitan Transportation Authority of Austin, Texas, operates a comparable and complementary paratransit service to its fixed-route bus service. This policy shall define how Capital Metro will provide appropriate paratransit service to the citizens of the service area. Service Standard (Level of Service) The ADA paratransit service provides shared-ride, curb-to-curb, door-to-door, and door-through-door transportation as determined during the passenger s certification and recertification process to eligible individuals within the ADA paratransit service area when conditions allow. The customer s origin and destination must be within the ADA service area as defined by this policy during applicable service hours and days. There shall be no denials of service for ADA eligible trips within the MetroAccess paratransit service area upon a proper request. The duration of a ride shall be comparable to fixed-route service for a similar trip. There shall be no restrictions placed on trips or prioritization of trips based on trip purpose and no capacity constraints. Service Area The MetroAccess paratransit service area shall be defined as that area within ¾ mile of regular, in-service fixed route bus service, mirroring its service area and hours, and is not defined by commuter rail, express, flex or feeder route service. The paratransit service area shall comply with all other requirements of the ADA in 49 CFR (a).The MetroAccess paratransit service area expands and contracts based on regular Capital Metro service changes. Capital Metro will include a 90 day to12 month transition period based on staff assessment of individual needs for customers that may no longer be eligible for service because they live outside of the ¾ mile corridor when the Capital Metro service area changes. Attachment: _MetroAccess_Service_Policy.DOC (1667 : MetroAccess Policy Changes) Eligibility The MetroAccess paratransit service shall be available to individuals defined as eligible under 49 CFR who are limited by their disability from accessing or using the Capital Metro ADA-accessible bus service. Packet Pg. 35

36 6.10.a To be eligible for service, new and recertified customers must complete an individualized application and participate in an in-person interview and functional assessment process as allowed by 49 CFR An appropriate appeal process meeting the requirements of 49 CFR (g) shall be maintained. Information about the eligibility process shall be made available in accessible formats upon request. Reservations Reservations for service may be made through the call center no more than three (3) days in advance of a trip and no more than six (6) days in advance of a trip on-line or through the Interactive Voice Recognition (IVR) system. Reservation call center hours shall be Monday-Friday from 7:00 a.m. to 5:00 p.m. and Saturday and Sunday from 8:00 a.m. to 5:00 p.m. Trips shall be scheduled within one hour before or after the desired departure time. Fares Fares for MetroAccess paratransit service shall not exceed twice the fixed route base fare that would be charged to an individual paying full fare for a trip of similar length, at a similar time of day on the fixed route system. Non-ADA Paratransit Service Open Returns Capital Metro shall offer open return service for medical trips, jury duty, and travel return, provided the customer designates an estimated time for return. Premium Taxi Voucher on Request Program Capital Metro will not offer a premium taxi voucher on request program. Attachment: _MetroAccess_Service_Policy.DOC (1667 : MetroAccess Policy Changes) Packet Pg. 36

37 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1670) Railroad Bridge Replacement Plan 6.11 SUBJECT: Approval of a Resolution to Adopt a Railroad Bridge Replacement Plan. FISCAL IMPACT: No fiscal impact. EXECUTIVE SUMMARY: As part of its Railroad Bridge Safety Management Program, the Engineering and Construction Department has developed a priority list of railroad bridges requiring replacement. Each year, this list will be updated to reflect changes and additions as bridges conditions warrant. ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Engineering and Construction LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 37

38 6.11 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1670) Railroad Bridge Replacement Plan WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management recognize the need to address it's aging railroad bridge infrastructure. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President/CEO, or Her Designee, is authorized to adopt the Railroad Bridge Replacement Plan, and modify it on an ongoing basis as conditions warrant over time. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 38

39 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1666) Board of Directors Community Involvement Policy 6.12 SUBJECT: Approval of a Resolution Adopting a Board of Directors Community Involvement Policy. FISCAL IMPACT: No fiscal impact. EXECUTIVE SUMMARY: Public involvement is an integral part of transportation planning. In the early 1970s after the passage of the National Environmental Policy Act (NEPA) in 1968, the federal government, for the first time, required the public to be involved in decisions that affected the environment. In August of 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU requires that transit agencies provide reasonable opportunities to engage the community on planning and service improvement initiatives. Furthermore, the Federal Transit Administration (FTA) emphasizes public involvement in transportation decision making. According to the FTA, meaningful public participation should include focusing on decisions, rather than conducting participation activities as a formality; and involve continuous contact between the transit authority and the public throughout decision making, from identifying needs to implementing decisions (Sunset Commission Staff Report, April 2010). Capital Metro's Board of Directors seeks effective community involvement that improves the quality of its decision-making processes and builds public trust in Capital Metro. Capital Metro through this policy will develop and implement a comprehensive community involvement strategy that integrates, in a meaningful way, the knowledge and opinions of its many stakeholders into its decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes. This policy ensures that all citizens regardless of race, color, religion, income status, national origin, age, gender, disability, marital status, or political affiliation, have an equal opportunity to participate in Capital Metro s decision-making processes to reach informed consent. ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Community Involvement LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 39

40 6.12 Page 2 Packet Pg. 40

41 6.12 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1666) Board of Directors Community Involvement Policy WHEREAS, the Board of Directors believes that effective community involvement improves the quality of decision-making processes and builds public trust in Capital Metro; and WHEREAS, the Board of Directors and Capital Metro management desire to pursue a comprehensive community involvement strategy that includes plans for receiving input for major decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that a Community Involvement Policy is adopted with procedures that provide the public with access to accurate, understandable, and timely information that facilitates effective involvement in the Authority s decision-making processes and ensures that a diverse range of stakeholders are engaged in the process. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 3 Packet Pg. 41

42 6.12.a BOARD OF DIRECTORS COMMUNITY INVOLVEMENT POLICY/PROCEDURES POLICY: It is the policy of the Board of Directors that effective community involvement improves the quality of decision-making processes and builds public trust in Capital Metro. The purpose of this policy is to ensure that Capital Metro integrates, in a meaningful way, the knowledge and opinions of its many stakeholders into its decision-making processes.* PROCEDURES: I. Capital Metro will seek community input that reflects all points of view and will carefully consider this input when making decisions. II. Capital Metro will work to ensure that decision-making processes are open and accessible to all interested parties, including but not limited to: a. Those with limited financial and technical resources b. Persons with limited English proficiency c. Persons with disabilities d. Those with limited past experience participating in transportation decision-making III. Capital Metro will develop and implement a comprehensive community involvement strategy that includes plans for receiving input for major decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes. Capital Metro s Community Involvement Strategy will include: a. Methods to provide the public with access to accurate, understandable, and timely information to facilitate effective involvement in the decisionmaking process; b. Methods to ensure a diverse range of stakeholders are engaged in the process; c. Methods of providing the community with a sound understanding of the pertinent issues and options Capital Metro is considering; and d. Methods to ensure information and activities are accessible to stakeholders with disabilities and/or limited English proficiency. THE BOARD OF DIRECTORS RESERVES THE RIGHT TO WAIVE THIS POLICY AND THESE PROCEDURES WHEN NECESSARY TO CONDUCT BOARD MEETINGS EFFICIENTLY AND EFFECTIVELY. *For more information refer to the Capital Metro Community Involvement Guide. Attachment: FINAL DRAFT Community Involvement Policy (v.5) (1666 : Board of Directors Community Involvement Policy) Packet Pg. 42

43 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1665) Board of Directors Advisory Committee Policy 6.13 SUBJECT: Approval of a Resolution Adopting a Board of Directors Advisory Committee Policy. FISCAL IMPACT: No fiscal impact. EXECUTIVE SUMMARY:Pursuant to Section of the Texas Transportation Code which establishes Capital Metro the Board of Directors may adopt rules and regulations and such bylaws, as it deems necessary. In Article II, Section 17 of the Capital Metro Board of Director s Bylaws, the Board of Directors may from time to time establish Board committees/taskforces with specific duties, terms and responsibilities. In Section 18, the Board of Directors also has the authority to establish advisory committees consisting of resident citizens of the Authority s territory. The Board of Directors believes that although no one approach guarantees successful community involvement, effectiveness in communication and building community trust stems from careful planning and attention to creating a balance between the needs of the Authority and the needs of the community. The Capital Metro Board of Directors seeks to adopt an Advisory Committee Policy to enhance community involvement. This policy allows the Board of Directors to restructure the current advisory committees (Customer Services Advisory Committee and Access Advisory Committee) per the bylaws. The restructured committees will follow a new appointments process delineated in this policy. The committees shall have structure, duties, and responsibilities as may be determined by the Board. ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Community Development LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 43

44 6.13 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1665) Board of Directors Advisory Committee Policy WHEREAS, the Board of Directors believes that effective community involvement improves the quality of decision-making processes and builds public trust in Capital Metro; and WHEREAS, the Board of Directors and Capital Metro management desire to pursue a comprehensive community involvement strategy that includes plans for receiving input for major decision-making processes including, but not limited to, policy development, strategic planning, budgeting, capital projects planning, fare adjustments and transit service changes; and WHEREAS, the Board of Directors believes that the efforts of its advisory committee structure should be comprehensive and closely tied to Board decision making and that any policy for advisory committee reporting should ensure consideration of committee input in advance of Board decisions as well as effective tracking of Board adoption, rejection or modification of advisory committee recommendations. NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that an Advisory Committee Policy is adopted that allows the Board of Directors to restructure the current advisory committees (Customer Services Advisory Committee and Access Advisory Committee) per the bylaws. The restructured committees will follow a new appointments process delineated in this policy. The committees shall have structure, duties, and responsibilities as may be determined by the Board. The Board seeks this comprehensive approach in order to enhance its decision-making processes as it serves the community-at-large in meeting a variety of transit needs and to ensure an appointment process for the engagement of a diverse range of stakeholders. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 44

45 6.13.a DRAFT ADVISORY COMMITTEES POLICY/PROCEDURES Overview: Pursuant to Section of the Texas Transportation Code which establishes Capital Metro the Board of Directors may adopt rules and regulations and such bylaws, as it deems necessary. In Article II, Section 17 of the Capital Metro Board of Director s Bylaws, the Board of Directors may from time to time establish Board committees/taskforces with specific duties, terms and responsibilities. In Section 18, the Board of Directors also has the authority to establish advisory committees consisting of resident citizens of the Authority s territory. The citizen advisory committee shall have structure, duties, and responsibilities as may be determined by the Board. The Board may from time to time establish other advisory committees/taskforces that may include citizen members. The Board of Directors believes that although no one approach guarantees successful involvement, effectiveness in communication and building community trust stems from careful planning and attention to creating a balance between the needs of the Authority and the needs of the community. POLICY: This policy allows the Board of Directors to restructure the current advisory committees- Customer Services Advisory Committee and Access Advisory Committee--using a new appointments process per the bylaws. PROCEDURES: a. Membership: Each committee will consist of nine (9) members. The members of each of the advisory committees will be appointed by each member of the Capital Metro Board of Directors. The Chairman of the Board has two appointments and each of the other members of the Board of Directors has one appointment. Members of each committee will serve at the will of their appointing Board member and their term shall end with the end of their appointing member s term (see section c). The committee representatives will represent diverse backgrounds, abilities and interests, including but not limited to, those who may be limited English speaking or who have disabilities, or who have different levels of experience with public policy and group decision making. These members must live in the Capital Metro service area. Members must be transit users and may include residents, business owners and other key stakeholders concerned about transit service in the service area. b. Appointment: As per statutory requirements, each member of the Capital Metro Board of Directors will select their appointees based on a recommendation from the President/CEO. Attachment: FINAL DRAFT Sunset Rec-Restructure Adv Committee v.3 [Revision 1] (1665 : Board of Directors Advisory Committee Policy) 1 Packet Pg. 45

46 6.13.a c. Terms of Appointment: The nine (9) members of each of the advisory committees serve at the pleasure and concurrently with the appointing Board member. d. Authority: Each committee s highest level of authority is to provide advice and recommendations to the Board of Directors. A member of any one of the advisory committees may not act in an official capacity except through the action of the board. e. Absences: A committee member who is absent for three (3) consecutive regular meetings or one-third (1/3) of all meetings in a twelve month period automatically vacates the position. This does not apply to an absence due to an illness or injury if the committee member notifies the appointing Board member or committee staff liaison of the reason for the absence no later than the next committee meeting. f. Resignations: A member who seeks to resign from a committee shall submit a written resignation to the appointing Board member and give notice to the staff liaison. If possible, the resignation should allow for a thirty day notice so the Board member can appoint a replacement. g. Reporting: The advisory committees report directly to the Board of Directors. However, any reports to the Board of Directors will be submitted to the designated Capital Metro Staff Liaison assigned to support the work of each of the committees so that reports can be distributed in a timely manner for review by the entire Board of Directors. The Chair of each committee will report to the Board of Directors on the committee s activities at each monthly Board meeting. h. Recommendations: The Capital Metro Board of Directors will receive committee recommendations only when they include: i. Full description of the issue under deliberation; ii. Information provided captures all sides of an issue; and iii. The Staff Liaison has presented the recommendation to the Capital Metro President/CEO and received approval to move this recommendation forward to a specific Board of Directors Committee. i. Roles & Responsibilities of the advisory committees: i. Serve as a resource to Capital Metro in promoting and educating the public regarding acceptance and usage of the transit system across jurisdictions and in suburban communities; and ii. Provide a sounding board for innovative practices and ideas on specific topics of importance to the Agency. j. Subcommittees or Ad Hoc Task Forces: i. The Board of Directors may approve the formation of subcommittees or Ad Hoc Task Forces to work on specific issues of importance to the Authority when community input on such issues may enhance the development and implementation of a project or service initiative. k. Timelines: The Board of Directors will set specific timelines for requested input. References: 1. A Synthesis of Transit Practice, Transit Cooperative Research Program Synthesis 85, Effective Use of Citizen Advisory Committees for Transit Planning and Operations, Washington, DC, Attachment: FINAL DRAFT Sunset Rec-Restructure Adv Committee v.3 [Revision 1] (1665 : Board of Directors Advisory Committee Policy) 2 Packet Pg. 46

47 6.13.a 2. Boards & Commissions Appointment Process, City of Austin, Texas. Attachment: FINAL DRAFT Sunset Rec-Restructure Adv Committee v.3 [Revision 1] (1665 : Board of Directors Advisory Committee Policy) 3 Packet Pg. 47

48 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1676) Board Travel Policy 6.14 SUBJECT: Approval of a Resolution Adopting a Board Travel Policy. FISCAL IMPACT: No fiscal impact. EXECUTIVE SUMMARY: Capital Metro has an established business travel policy that applies to employees and members of the Board. There are some circumstances unique to members of the Board of Directors that are not addressed by the Authority s general policy. The Board of Directors desires to address those additional situations through a supplemental policy applying to Board members only. ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Board of Directors LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 48

49 6.14 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1676) Board Travel Policy WHEREAS, members of the Board of Directors are encouraged to attend transitrelated learning opportunities and are required from time to time to travel on official Capital Metro business; and WHEREAS, the Capital Metro Business Travel Policy and Procedures applies to both staff and the Board of Directors; and WHEREAS, the Board desires to address additional situations specific to Board members through a Board Travel Policy. NOW THEREFORE BE IT RESOLVED, that the Board of Directors hereby adopts the attached Board Travel Policy. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 49

50 6.14.a Board Travel Policy Purpose Board members may be required to travel for business reasons associated with Capital Metro. Members are encouraged to attend transit-related conferences and pursue other educational opportunities for the betterment of the Authority. The purpose of this Board Travel Policy is to assure that authorized travel by members of the Board of Directors is conducted in a responsible manner and that all travel is done in the most efficient and cost effective manner possible. Policy Board members shall be required to follow the Capital Metro Business Travel Policy and Procedures (FIN ) in addition to the terms of this Board Travel Policy to assure that authorized travel is conducted in a responsible manner and that established procedures are followed consistently. Allocation of Board Travel Funds The Board of Directors shall establish an amount in each adopted annual budget for business travel and conference expenses by members of the Board of Directors for the upcoming fiscal year. Each member of the Board of Directors shall be allocated in the budget an equal amount for Capital Metro business travel, with an additional sum allocated to be dispersed at the discretion of the Board of Directors for additional travel beyond an individual member s allocation. This amount shall include registration fees and all allowable reimbursable expenses such as air travel, lodging, per diem and other expenses. With Board approval, Board members who have expended their total allocation may request unused funds from fellow Board members who do not intend to spend their entire allocation in the fiscal year. Board members who have expended their total allocation may also request a portion of the additional allocated discretionary funds from the Board. Travel arrangements will not be made unless the Board member has funds available or has received approval from the Board to receive a portion of a fellow Board member s allocated funds or the discretionary allocation. Attachment: Board_Travel_Policy_-_DRAFT (1676 : Board Travel Policy) Board members requesting a portion of another member s allocation or discretionary funds should make a written request to the Chair to have their request placed on the agenda for the next full meeting of the Board of Directors. The request should include the reason for attendance and the amount requested. If travel arrangements must be made prior to the next Board meeting, the Board member may request that the Chair make an interim determination pending approval by the full Board of Directors. Packet Pg. 50

51 6.14.a Board Travel Coinciding with Board Meetings Capital Metro shall not pay for Board members to travel when it would coincide with a regularly scheduled monthly meeting of the full Board of Directors unless it is deemed necessary for business reasons by the Board. Exception to Capital Metro Business Travel Policy Board members are expected to make their travel arrangements no less than 14 days prior to travel as is required by the Capital Metro Business Travel Policy. Capital Metro shall only pay a Board member s travel costs equal to those on the 14 th day prior to travel, except under extenuating circumstances as approved by the Chair. If a Board member wishes to travel upon booking less than 14 days in advance, the Board member may do so by personally paying any additional costs associated with booking that travel less than 14 days in advance. The Board may consider and approve exceptions to this policy on a case by case basis when a need arises as the budget allows. Attachment: Board_Travel_Policy_-_DRAFT (1676 : Board Travel Policy) Packet Pg. 51

52 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1675) Board Representation 6.15 SUBJECT: Approval of a Resolution Requiring Board Approval to Represent Capital Metro. FISCAL IMPACT: No fiscal impact. EXECUTIVE SUMMARY: The Board of Directors desires to ensure that they provide the proper support for members of the Board who will be representing Capital Metro in the name of the Authority. ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Board of Directors LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 52

53 6.15 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1675) Board Representation WHEREAS, it is the desire of the Board of Directors that Capital Metro be a leader in transit solutions locally, regionally and nationally; and WHEREAS, the Board of Directors is committed to ensuring that Capital Metro is knowledgeable of and employs best practices from throughout the industry in its operation and growth; and WHEREAS, this leadership and learning can be demonstrated and facilitated by Board member participation in a variety of groups that support public transit and transitrelated activities. NOW THEREFORE BE IT RESOLVED, that the Chair of the Board of Directors shall approve any requests for members of the Board of Directors to represent Capital Metro in an official capacity on local, state or national transit-related committees, boards, organizations or associations. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 53

54 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1655) Board Attendance Stipend 6.16 SUBJECT: Approval of a Resolution Regarding a Board Attendance Stipend. FISCAL IMPACT: No fiscal impact. EXECUTIVE SUMMARY: Chapter 451, Texas Transportation Code, requires that some transit systems pay board members for attending meetings. Although this section of the statute does not apply to Capital Metro, the Authority is allowed to compensate Board members at its discretion. The Board of Directors desires to have a formally adopted policy on compensation for Board member attendance of Capital Metro meetings stating that Board members will not receive a stipend for attending meetings. ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply DBE PARTICIPATION: Does not apply. RESPONSIBLE DEPARTMENT: Board of Directors LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 54

55 6.16 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1655) Board Attendance Stipend WHEREAS, members of the Capital Metro Board of Directors serve their community as unpaid volunteers; and WHEREAS, it is the will of the Board of Directors that this volunteer status be preserved and that Capital Metro funds be used for the greatest benefit to the community. NOW THEREFORE BE IT RESOLVED, that members of the Board of Directors shall not receive a stipend for attending meetings of the Board of Directors or its committees. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 55

56 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1674) Chairman of the Operations/Planning Committee 6.17 SUBJECT: Appointment of Chair of the Operations/Planning Committee. FISCAL IMPACT: No fiscal impact. ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply DBE PARTICIPATION: Does not apply. RESPONSIBLE DEPARTMENT: Board of Directors LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 56

57 6.17 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1674) Chairman of the Operations/Planning Committee WHEREAS, the Board of Directors desires to formalize the appointment of a chairperson to a Board committee in accordance with the Board Bylaws; and WHEREAS, the Chairman of the Board nominates Chris Riley as Chairperson to the Operations/Planning Committee for the Calendar Year NOW, THEREFORE, BE RESOLVED that the Capital Metropolitan Transportation Authority Board of Directors hereby approves the appointment of Chris Riley as Chairperson of the Operations/Planning Committee for the Calendar Year Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 57

58 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1681) 2011 Budget for Capital Metro 6.18 SUBJECT: Approval of a Resolution Adopting the Annual Operating and Capital Budget for the Period October 1, 2010-September 30, FISCAL IMPACT: Funding is being requested EXECUTIVE SUMMARY: The Operating Budget for the period October 1, 2010 September 30, 2011 was developed using community input, a zero based budgeting concept and recommendations set forth by the Sunset Commission Report. All requests for funding were reviewed in detail by the, Financial Planning staff, department manager, executive staff and Executive Vice President-Finance and Administration. Revenue from operations totals $29 million. Sales tax is projected to increase 2.7% above FY2010 collections. Sales tax revenue totals $144 million. The total operating grant revenues are proposed at $19 million. There is $2 million in other revenue bringing the total revenue for operating costs to $194 million. The proposed Operating Budget maintains all core service levels for our customers provides a limited amount of new services for rail. The Operating Expense Budget is proposed at $170 million. Capital project expenditures for equipment, technology and infrastructure improvements is proposed to be $45 million. This includes state of good repair replacements, additional bus stop improvements, bridge repairs and accelerates replacement of Interactive Voice Response System (IVR). ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Finance & Administration LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 58

59 6.18 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1681) 2011 Budget for Capital Metro WHEREAS, pursuant to Section of Chapter 451 of the Texas Transportation Code, the budget for FY2011 has been made available to the public and a public hearing has been conducted. NOW, THEREFORE BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the October 1, September 30, 2011 budget as presented below be adopted. BE IT FURTHER RESOLVED, by the Capital Metropolitan Transportation Authority Board of Directors that staff is directed to initiate the public process to increase fares as presented to be effective January 17, Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 59

60 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1682) 2011 Budget for StarTran 6.19 SUBJECT: Approval of a Resolution Approving the FY 2011 StarTran, Inc. Employee Support Services Budget. FISCAL IMPACT: Funding is available in the FY2011 operating budget EXECUTIVE SUMMARY: Capital Metro has contracted with StarTran, Inc. for the provision of operations, maintenance, and employee support services. The agreement between Capital Metro and StarTran, Inc. is effective as long as the agreement is necessary and beneficial to each party, unless terminated by either party in accordance with the termination provisions of the contract. The contract provides that each year during the annual budget process, the expenses proposed by StarTran will be reviewed and approved. StarTran presents its proposed expenses to Capital Metro in the same format as is used by other Capital Metro departments. This enables the Board to consider expenses incurred by StarTran in the context of Capital Metro s organizational goals and priorities. The expenses have been reviewed by the Board of Directors during their review of the FY 2011 Budget. The amount of $ represents twelve months of reimbursable expenses for StarTran, Inc. for the period October 1, 2010 to September 30, StarTran reimbursable expenses include all costs related to employee support services incurred by StarTran employees. These expenses include payroll and benefits for both ATU and IUE/CWA bargaining unit employees as well as StarTran supervisory and administrative support employees. ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth DBE PARTICIPATION: Does not apply. PROCUREMENT: Does not apply. RESPONSIBLE DEPARTMENT: Finance & Administration LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 60

61 6.19 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1682) 2011 Budget for StarTran WHEREAS, Capital Metro is contractually obligated to provide StarTran, Inc. financial support that is sufficient to pay all costs incurred by StarTran, Inc. in providing operations, maintenance, and employee support services or fulfilling other obligations under the agreement. NOW, THEREFORE BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the FY 2011 StarTran, Inc. Employee Support Services Budget is hereby approved in an amount not to exceed $. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 61

62 Capital Metropolitan Transportation Authority MEETING DATE: 09/24/2010 Board of Directors (ID # 1683) Budget Reserve Policy 6.20 SUBJECT: Approval of Budget Reserve Policy. FISCAL IMPACT: Funding is being requested EXECUTIVE SUMMARY: Financial reserves to provide the authority protection against unforeseen expenditures or interruption of revenues is a sound and prudent business practice. The depletion of cash balances during the recent economic downturn and the Sunset Commission highlighted the need for well defined policies related to reserves. The attached Reserve Policy has been reviewed by the Board Finance/Audit Committee and is recommended for adoption. ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth DBE PARTICIPATION: Does not apply. RESPONSIBLE DEPARTMENT: Finance & Administration LEGAL COUNSEL SIGNATURE: Page 1 Packet Pg. 62

63 6.20 RESOLUTION OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION (ID # 1683) Budget Reserve Policy WHEREAS, Pursuant to Sec of the Texas Transportation Code the board is responsible for the management, operation, and control of an authority and its property. WHEREAS, establishment and maintenance of financial reserves is a sound and prudent business practice. NOW, THEREFORE BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the attached Reserve Policy is approved. Date: September 24, 2010 Secretary of the Board Beverly Silas Page 2 Packet Pg. 63

64 6.20.a Reserves FIN-220-XX Finance Issued: Revised: Approved by: Reserve Policy The Capital Metropolitan Transportation Authority will maintain the following reserves: A cash flow reserve for the operating budget equal to at least two months of operating expenses. The prior fiscal year operating actual expenses will be used when calculating the allocation for the cash flow reserve. The cash flow reserve is to be used at the discretion of the Board of Directors to fund its day-to-day operational obligations in the event of temporary cash flow shortages. A capital project reserve equal to at least 10 percent of the five year annual average capital expenditure of the adopted Five Year Capital Improvement Plan. The capital reserve is to be used at the discretion of the Board of Directors for funding future capital projects and help bridge funding gaps between fiscal years. An operating reserve equal to two percent of the prior fiscal year operating actual expenses. The operating reserve is to be used at the discretion of the Board of Directors to fund unforeseen operating costs not anticipated during the annual budget development process. A self-insurance reserve equal to at least 25 percent of the prior fiscal year actual claim payments. The self-insurance reserve is to be used at the discretion of the Board of Directors to fund unforeseen claims not anticipated during the budget development process. A budget stabilization reserve ( rainy day fund ) equal to 30 days of annual operating expenses as a base plus an annual contribution of 25 percent of actual sales tax receipts in excess of sales tax budgeted. The budget stabilization reserve is to be used at the discretion of the Board of Directors to set aside excess revenue for use in times of unexpected revenue shortfall caused by disasters, dire emergencies or significant economic downturns. Given that the stabilization reserve ( rainy day fund ) is an unallocated reserve, this reserve is not intended to be spent except during these dire circumstances. Attachment: Reserve Policy (1683 : Budget Reserve Policy) The reserve balances are to be reviewed annually during the budget development process to reflect the most recent financial information available. The allocations budgeted for these reserves will be published in the annual budget book and posted online. Packet Pg. 64